VOAO v Minister for Immigration

VOAO brought proceedings against the Minister for Immigration seeking a review of a decision of the Refugee Review Tribunal (RRT) in relation to their application for a protection visa. The Federal Court was asked to determine the validity of the RRT’s decision and, if found invalid, to quash it and order a redetermination. The central issue before the Court was whether the RRT’s decision, made in March 2003, was subject to the provisions of section 91R of the Migration Act, which was brought into effect by the Migration Legislation Amendment Act (No. 6) (2001). This, in turn, hinged on the interpretation of Item 7(c)(iii) of Schedule 1 of the Amending Act.

The applicants contended that the RRT’s decision was not subject to section 91R, as the decision referred to in Item 7(c)(iii) required a pre-existing decision made before the commencement of Item 7. They argued that the RRT’s decision in March 2003 did not satisfy this requirement, as no prior decision had been made by the RRT at the time. The Minister, on the other hand, contended that the RRT’s decision did fall within the scope of Item 7(c)(iii), and thus section 91R applied. The Court found in favour of the applicants, holding that the RRT’s decision was not subject to section 91R. The Court determined that Item 7(c)(iii) required a decision that existed prior to the commencement of Item 7, and that the RRT’s decision in March 2003 did not meet this criterion.

In light of the above, the Court declared the decision of the RRT to be invalid and of no effect. It quashed the decision and issued a writ of mandamus requiring the RRT to redetermine the matter according to law. The Court also ordered the Minister to pay the applicants’ costs in the sum of $4,250.00.